[Trial] McChimp vs Vedan

[McChimp]

Petition to Conduct a Criminal Review

Plaintiff: McChimp

Defendant: Vedan


Charge

The Defendant is accused of Conspiracy to Commit Misconduct, defined by Section 12 of the Criminal Code Act (September 2018):

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"Section 12. Conspiracy

(1) Any person who prepares, incites another or plans to commit an offence enumerated herein, shall be guilty of conspiracy to commit that offence."

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Evidence and Commentary

At 2:56 AM on the 25th of May, 2020 (BST) Vedan posted an announcement in the Laz Op Server (a discord server operated by the Regional Guard) explaining that he had arranged a joint operation with Mercenaries R Us and that interested members should join a joint operations server, to which he posted a link:



Though no other Lazarenes participated, the operation wasn't cancelled. The following major, Vedan and Mercenaries R Us jumped into OEU Puppet Poole from their jump point Nacb:





Section 2, subsection 3 of the Charter of the Lazarene Regional Guard (December 2018) states:

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"(3) The Regional Guard may only engage in the following types of operations:

a. Defense of Lazarus;
b. Defense of Lazarus' treaty allies, if mandated by treaty terms;
c. Invasion of regions upon which Lazarus has declared war, and defense of other regions against their military forces;
d. Defense of other Feeders and Sinkers at the request of their legitimate governments;
e. Assistance in other regions' legal Delegate transitions at the request of their legitimate governments;
f. Offensive or defensive training operations in game-created Warzone regions;
g. Invasion of fascist regions and defense of regions against fascist military forces;
h. Invasion of regions which pose a substantial threat to the out-of-character security or safety of NationStates players, and defense of regions against forces which pose such a threat."

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The operation in OEU Puppet Poole did not conform to any of the categories listed in subparagraphs A to H. By arranging for the Guard to participate in this operation, planning to participate as a member of the Guard and inciting others to participate as members of the Guard Vedan therefore prepared, planned and incited members of the Lazarene Regional Guard to violate the Charter of the Lazarene Regional Guard (December 2018) and thereby commit Misconduct, defined by Section 10 of the Criminal Code Act (September 2018):

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"Section 10. Misconduct

(1) Any person who engages in conduct which knowingly or recklessly violates the person’s citizenship oath, oath taken before the Court, or any of the laws of Lazarus, shall be guilty of misconduct."

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Furthermore, Vedan demonstrated both his understanding that such regulations exist and that he had a motive to violate them before the operation by posting a dispatch criticising them: